House of Lords Journal Volume 12: 18 December 1667

DIE Mercurii, 18 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Minors not to fit in Parliament.

The Duke of Richmond reported, "That the Committee for Privileges have considered of the Matter re-committed to them the 14th of this Instant December; and the Lords Committees do conceive that, according to the Law of the Realm and the ancient Constitution of Parliament, Minors ought not to sit nor vote in Parliament."

This House agrees with the Committee in this Part.

"2. That it be humbly offered to the House, as the Opinion of the Committee, That a Bill declaratory be prepared, to remedy this Inconvenience for the future, without any Manner of Retrospect to question what hath been formerly done; but to confirm all that hath passed already of this Kind, either in Parliament or on the Journal Book, for many weighty and important Reasons."

It is agreed, that this Second Part of this Report is laid aside.

L. Gerard versus Carr, for a scandalous Paper.

The Marquis of Worcester reported from the Committee for Privileges, "That they have examined the Matter of the scandalous Paper printed and published against the Lord Gerard of Brandon; and Stephen Carr, being called in, said, He gave a Bundle of Papers to his Sister, which lay upon his Brother's Table, and his Brother bid him give them to his Sister; but knows nothing what was in the Papers, nor who printed them. He owns the Knowledge of a Petition in Writing to the same Purpose of the Paper now shewed him.

"That William Carr being questioned, Whether he did own the Contents of the Paper shewed unto him, and did give Order for the dispersing of it (in which Paper there is a libellous and scandalous Matter against the Lord Gerard of Brandon, a Peer of this Realm, and reflecting upon the Honour and Justice of His Majesty and the House of Peers); he did own the Knowledge of the Contents of it, and that he did give Order for the publishing and dispersing of divers Papers containing the same Matter.

"In regard their Lordships find the Printing such Papers very unparliamentary, and that by such Ways the Honour of the Peers may receive great Prejudice; the Lords do humbly present it as their Opinion, That this Paper be publicly burnt, by the Hand of the Hangman, in The Old Pallace in Westminster, and that the punishing of the Person be humbly submitted to the Judgement of the House."

Upon this, the House thought it fit, before their Lordships entered into Debate of it, that the said William Carr should be called in, to know what he could say to clear himself from this soul Crime, and why he should not be further proceeded against.

And being called to the Bar, and asked whether he did own the said scandalous Paper, being shewed unto him, he said he did not own some Words in it, videlicet, ["who are the only Hopes and Protectors of the Commons of England"]; but all the rest of the Contents of the said Paper he did own: And did further confess, that he did give a Bundle of those Papers to his Wife, that she should disperse them.

And, upon a mature Consideration hereof, the House resolved of the Judgement following:

Carr's Judgement.

"The House of Peers in Parliament assembled, upon Examination of the Matter of Fact concerning scandalous and seditious Printed Papers published in the Name of William Carr, against the Lord Gerard of Brandon, a Peer of this Realm; and reflecting on the Honour and Justice of His Majesty and the House of Peers; finding, by the Confession of the said William Carr, that he doth own the Contents of the said Papers being shewed unto him, and that he did give Order for the dispersing of the said scandalous and seditious Papers; upon due and serious Consideration had thereof, do order, declare, and adjudge:

"1. That the said William Carr shall be fined to the King's Majesty in the Sum of One Thousand Pounds.

"2. That the said William Carr shall stand in the Pillory, in The Old Pallace Yard at Westminster, on Friday the 20th Day of December Instant, from Twelve to One of the Clock; and on Saturday the 21th of December Instant, at Charing Crosse, from Twelve to One of the Clock; and at the Gate of Gresham Colledge (now called The Exchange) in Bishopsgate Street, on Monday the 23th of December Instant, from Twelve to One of the Clock, having a Paper set over his Head with this Inscription in large Letters, "FOR PUBLISHING SEVERAL SCANDALOUS AND LIBELLOUS PAPERS AGAINST THE LORD GERARD OF BRANDON, A PEER OF THIS REALM, AND REFLECTING UPON THE HONOUR AND JUSTICE OF HIS MAJESTY AND THE HOUSE OF PEERS."

"3. That the said William Carr shall be imprisoned in the Prison of The Fleete, during His Majesty's Pleasure.

"4. That Three of the said printed scandalous and seditious Papers shall be burnt, by the Hand of the Hangman, at the respective Places where the said William Carr is to stand in the Pillory, during the Time of his standing in the Pillory."

ORDERED, That the Sheriffs of Middlesex and London be, and are hereby, required to see that this Judgement be duly executed, at the respective Times and Placestherein mentioned.

ORDERED, That the Marshal of the King's Bench Prison shall bring the Body of the said William Carr now in his Custody, to the Bar of this House, to receive the aforesaid Judgement against him.

Message from H. C. to fit P. M.

A Message was brought from the House of Commons, by Sir Thomas Gower and others:

That whereas the House of Commons had several Bills of Concernment upon their Hands, which they desire to dispatch before the approaching Adjournment, to which Purpose they intend to fit this Afternoon; they desire that their Lordships would be pleased to do the like.

The Answer returned was:

Answer.

That the Lords have considered their Message, and do intend to sit this Afternoon.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Charles Harbord and others; who brought up Two Bills, to which they desire their Lordships Concurrence:

1. "An Act to make Prize Ships free for Trade."

2. "An Act for taking the Accompts of the several Sums of Money therein mentioned."

Bill for taking Public Accompts.

Hodie 1^a vice lecta est Billa, "An Act for taking the Accompts of several Sums of Money therein mentioned."

Prize Ships Bill.

Hodie 1^a vice lecta est Billa, "An Act to make Prize Ships free for Trade."

E. of Northumb. Privilege.

Upon Oath made at the Bar of this House, by Dame Mary Charlton, "That John Robson, of Shilburne-Haugh, in the County of Northumberland, by the Instigation of one Dod his Father-in-law, did, about the Middle of July last, in a riotous Manner, enter upon certain Lands in Tyndall, in the Possession of Sir Edward Charlton, Tenant to the Earl of Northumberland, and drove away the Cattle, and pulled down a House standing on the said Lands, which are the Inheritance of the Earl of Northumb. a Peer of this Realm:"

Robson and Dodd sent for for a Riot on Sir E. Charlton's Lands, Tenant to the Earl.

All which being contrary to the Privilege of Parliament, it is ORDERED, That the said John Robson and Luke Dodd be, and are hereby, required to appear at the Bar of this House, within Fifteen Days after the Meeting of this House next after Christmas, to answer for their said Offences: And hereof they may not fail.

London and Keese to be attached, for taking Belon's, King's Servant, Goods in Execution.

Whereas Lodowick London and Nicholas Keese, Bailiffs of the Liberty of Westm. being summoned to appear at the Bar of this House, for taking in Execution the Goods of Peter Belon, One of His Majesty's Servants in Ordinary, in November last, contrary to the Privilege of Parliament, and speaking Contemptuous Words of the Lord Chamberlain's Protection granted to the said Peter Belon, have not appeared accordingly; the said Matter of Fact being proved at the Bar of this House this Day, upon the Oaths of Nicholas County, Elizabeth Scrivener, and Edward Morris:

It is ORDERED, That the Serjeant at Arms attending this House, or his Deputy, shall forthwith attach the Bodies of the said Lodowick London and Nicholas Keese, and bring them in safe Custody to the Bar of this House, to answer their said Offence: And this shall be a sufficient Warrant on that Behalf.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 18^um diem instantis Decembris, hora quarta, Dominis sic decernentibus.

Post meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Thomas Meares and others; who brought Two Bills, to which their Lordships Concurrence is desired:

1. "An Act for the Relief of Poor Prisoners for Debt."

2. "An Act for settling Freedom and Intercourse of Trade between England and Scotland."

Bill for taking Public Accompts.

Hodie 2^a vice lecta est Billa, "An Act for taking the Accompts of several Sums of Money therein mentioned."

The Question being put, "Whether this Bill shall be committed to a Committee of the whole House?"

It was Resolved in the Negative.

Hereupon it was committed to these Lords following;

Their Lordships, or any Seven; to meet Tomorrow Morning, at Nine of the Clock, in the Prince's Lodgings.

Prize Ships Bill.

Hodie 2^a vice lecta est Billa, "An Act to make Prize Ships free for Trade."

ORDERED, That the Consideration of this Bill is committed to that Committee as the Bill for naturalizing of Alvaro da Costa; to meet To-morrow Morning, at Eight of the Clock.

Trade between England and Scotland Bill.

Hodie 1^a vice lecta est Billa, "An Act for settling Freedom of Trade between England and Scotland."

Bill for Relief of Poor Prisoners.

Hodie 1^a vice lecta est Billa, "An Act for the Relief of Poor Prisoners for Debt."

Bill to suppress Atheism, Swearing, &c.

The Earl of Bridgwater reported from the Committee the Bill against Atheism and Prophaneness; with Alterations and Amendments, which are offered to the Consideration of the House.

The said Alterations and Amendments were read Twice; and, after some Debate, it is ORDERED, That the further Consideration of this Business shall be on the Second Day of the next Meeting after the Adjournment, by a Committee of the whole House.

Message from H. C. to return the Bill for banishing the E. of Clarendon.

A Message was brought from the House of Commons, by Sir Thomas Littleton and others; who returned the Bill for banishing and disenabling the Earl of Clarendon; in which they have made some Alterations, and added a Proviso, to which their Lordships Concurrence is desired.

Then the said Alterations and Proviso were read Twice; and the Consideration thereof is appointed to be To-morrow Morning.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 19^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.